Invitee(s) means any person authorized by the College to engage in College-related activities on College premises including, but not limited to, independent contractors, consultants, volunteers, individuals employed by outside employment agencies, conference attendees, and persons taking or auditing educational programs.

Student(s) means any person taking one or more classes for academic credit.

College premises means any building, structure, vehicle, improved land, or unimproved land, in whole or part, which is owned, used, or occupied by the College.

Workplace means any College premise or other location where an employee is engaged in College business.

Prohibited Conduct

The following conduct is prohibited:

Alcohol. Using, selling, manufacturing, distributing, possessing, storing, or dispensing alcohol on College premises, as part of any College-related activity, or in the workplace, except as in connection with any Pastry Arts or Culinary Arts class or course.

Controlled Substances. Using, selling, manufacturing, distributing, possessing, storing, or dispensing controlled substances on College premises, as part of any College-related activities, or in the workplace, except as authorized by the College.

Employee Treatment Programs. Failing to meet the requirements of a drug or alcohol treatment program that the College requires an employee to complete as a condition of employment.

Workplace Inspection. Interfering with a workplace inspection under this policy.

Impaired Job Performance or Attendance. Alcohol misuse or controlled substance use, even though not during working hours or in the workplace, which impairs job performance or attendance.

Testing Procedures. Failing any drug or alcohol test or engaging in any other conduct prohibited under the College's drug or alcohol testing procedures.

Prescription Drug Use.

Being under the influence of legally prescribed drugs in the workplace that prevent an individual from performing the essential functions of his or her job or where that individual poses a direct threat while using those drugs.

Inquiries regarding prescription drug use by employees are governed by the Americans With Disabilities Act of 1990, and therefore should be made only as authorized by the Human Resources Department.

Other Misconduct. Any other conduct that the College determines to be inconsistent with providing a drug-free and alcohol-free campus and workplace.

State and Federal Laws

All Harrison College students are responsible for complying with local, state, and federal laws regarding alcohol. The following information regarding Indiana State law is current as of publication and is not intended to substitute for legal advice.

Violations/Penalties:

misrepresentation of age for the purpose of purchasing alcoholic beverages

a person under age 21 with a BAC of 0.02 to 0.07 who operates a vehicle (In addition, the license may be suspended for up to one year.)

Class C Misdemeanors (imprisonment for up to 60 days and fine of up to $500):

illegal possession of alcohol by a person younger than 21 years of age who knowingly: 1) possesses an alcoholic beverage; 2) consumes it; or 3) transports it on a public highway when not accompanied by a parent or legal guardian

to sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor

a person younger than 21 years of age present in a tavern, bar, or other public place where alcoholic beverages are available (in addition, minor's license may be revoked for up to one year.)

use of falsified documents, such as fake ID

Class B Misdemeanors (imprisonment up to 180 days and fine up to $1000):

being in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance

knowingly, recklessly or intentionally furnishing alcohol to a minor (for the first offense)

renting, providing, or arranging a place for minors to consume alcohol (also known as the "Social Host Law")

Note: Indiana Lifeline Law:

The Indiana Lifeline Law provides that a person is immune from arrest or prosecution for certain alcohol offenses if the arrest or prosecution is due to the person: (1) reporting a medical emergency; (2) being the victim of a sex offense; or (3) witnessing and reporting what the person believes to be a crime. It also establishes a mitigating circumstance for the sentencing of a person convicted of a controlled substance offense if the person's arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance. The Indiana Lifeline Law allows a court to defer entering a judgment of conviction for an individual arrested for an alcohol offense if the individual was arrested after a report that the person needed medical assistance due to the use of alcohol if certain conditions are met.

Note: Alcohol-impaired or other drug-impaired driving:

It is illegal to operate a motor vehicle while impaired-even at blood alcohol levels below 0.08%! You can be arrested with a BAC as low as 0.05. Indiana law states that anyone operating a motor vehicle within the state gives "implied consent" to submit to a chemical test of intoxication (breath, blood, or urine).

Failure to submit to the test may be used as evidence in court and will result in an automatic license suspension and may result in a longer driver's license suspension than if the test were administered and failed. Criminal sanctions for alcohol and other drug-impaired driving include fines and imprisonment, license suspensions, and can include mandatory education or treatment.

Note: Caution on using fake IDs:

Under certain circumstances, local prosecutors have used the criminal code rather than the alcoholic beverage code to prosecute users of fake IDs. Misdemeanor charges of "deception" and felony charges of forgery have been filed. Under federal law, possession or use of fake or altered driver's licenses, or state or federal ID cards can be punishable by a fine of up to $25,000 and/or a five-year jail term.

What State and Federal laws address other drugs?

Loss of Financial Aid

A conviction for any offence involving the possession or sale of illegal drugs, during a period of enrollment for which a student receives Title IV federal student aid, may result in the loss of future financial aid eligibility. If convicted of possessing or selling drugs after a student submits his/her Free Application for Federal Student Aid (FAFSA), the student must notify their financial aid analyst immediately. If a student successfully completes a drug rehabilitation program, the student may regain federal student aid eligibility on the date the program is successfully completed.

For further information, please contact your financial aid analyst.

The following are federal penalties and sanctions for Illegal Possession of a Controlled Substance. Additional penalties are imposed for trafficking.

21 U.S.C. 844(a)

First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.

After one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both.

After two or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison, not to exceed 20 years and fined up to $250,000, or both, if:

1st conviction and the amount of crack possessed exceeds five grams.

2nd crack conviction and the amount of crack possessed exceeds three grams.

3rd or subsequent crack conviction and the amount of crack possessed exceeds one gram.

21 U.S.C. 853(a)(2) and 881(a)(7)

Forfeiture of personal real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack.)

21 U.S.C. 881(c)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a

Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.

18 U.S.C. 922(g)

Ineligible to receive or purchase a firearm.

Miscellaneous

Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.

Here are some ways an AOD-related offense may affect future opportunities:

Arrest records are permanent, even if the student attends a diversion class.

For students in education, aviation, nursing, pharmacy, and some other fields. . .Even a minor alcohol violation may impact certification or licensure.

For students applying to graduate or other professional schools. . .Admissions offices often call the College to see if there are any conduct issues on students' permanent records.

For students seeking a job with the Department of Defense or other governmental agencies. Those agencies conduct security checks on applicants.

Being found in violation of College Regulations pertaining to alcohol and other drugs may impact your ability to participate in activities of the College, including student leadership positions, study abroad experiences and to receive some scholarships.

Students may also experience:

lower salaries at less prestigious companies

loss of driving privileges

loss or reduction of income or savings as a result of legal representation and payment of fines and fees imposed by the court and/or loss of personal freedom through imprisonment

Even if no conviction results, the situation can be inconvenient, embarrassing and costly.

Impacts of Violations

Consequences of Engaging in Prohibited Conduct

Factors Relevant to Disciplinary Action. The College will evaluate violations of this policy on a case-by-case basis. In determining the appropriate sanction or corrective action, the College may consider an individual's work or academic record, the seriousness of the violation, the safety-sensitivity of the individual's position, whether the individual's behavior violated the College's Violence in the Workplace Policy, whether a sanction or corrective action is permissible under law including, without limitation, The Americans With Disabilities Act of 1990, and any other relevant factors.

Employee. Any employee who engages in prohibited conduct may be:

Immediately removed from duty.

Referred to the Employee Assistance Program.

Required to complete successfully an alcohol or drug abuse treatment program as a condition of employment.

Reported to authorities for criminal prosecution or other appropriate action.

Disciplined, up to and including termination of employment.

Subject to any other appropriate action by the College.

Invitee. Any invitee who engages in prohibited conduct may be barred from further work for the College or from participating in other College-related activities as may be permitted by law. Further, they may be reported to authorities for criminal prosecution or other appropriate action.

Student. Any student who engages in prohibited conduct may be:

Referred to appropriate College personnel for assistance.

Required to complete successfully a drug or alcohol abuse treatment program as a condition of College attendance.

Reported to authorities for criminal prosecution or other appropriate action.

Subject to disciplinary penalties as described in the Student Handbook.

Subject to any other appropriate action by the College.

Workplace Inspections

The College reserves the right to inspect the workplace for alcohol, controlled substances, or paraphernalia relating to alcohol or controlled substances and to question any employee when it reasonably suspects that this policy or any procedure under this policy has been violated.

The College will prominently post the following notice in conspicuous places in the workplace:

Harrison College reserves the right to inspect the workplace for alcohol, controlled substances, or paraphernalia relating to alcohol or controlled substances and to question any employee when the College reasonably suspects that its Alcohol- and Drug-Free Campus and Workplace Policy or any procedure under that policy has been violated.

The decision to conduct a workplace inspection should be made jointly by the supervisor who believes the inspection would be appropriate under this policy and the Campus President (unless the Campus President is suspected in which case the Dean will accompany the Campus President. In all cases, the Director – Human Resources or his or her designee must authorize a workplace inspection.

This section of the policy does not limit in any way local law enforcement’s right to conduct law enforcement activities including, but not limited to, questioning or searching any person or inspecting any College premises.

Resources

Self-Referral. Employees with alcohol or drug problems are strongly encouraged to voluntarily contact their family physicians or the College's Employee Assistance Program for assistance. Employees may seek help without their supervisor's knowledge. Although voluntarily seeking assistance will not bar the College from treating the employee like other employees under this policy, the College will consider voluntary requests for help in determining any discipline to be imposed. The College will not assume any financial or other responsibility for drug or alcohol treatment except as may be provided by College benefits.

Information about the dangers of alcohol and drug use and the College's Alcohol- and Drug-Free Campus and Workplace Policy;

Assessment and evaluation;

Referral to and information regarding public and private treatment programs;

Services to families of employees with drug or alcohol problems; and

Assistance with questions concerning insurance coverage.

Student Assistance Program. Assistance for students dealing with alcohol problems is available through WellConnect by Student Resource Services, which provides confidential and professional guidance for alcohol related problems or for any concern that may affect you personally or your performance at school.

This service is completely free to students.

A specialist can be reached by telephone 24 hours a day, including holidays and weekends. The services have been prepaid by Harrison College, so there is no cost to students who use these services.

WellConnect by Student Resource Services may be reached by telephone at 1-972-810-3261 or online at: www.WellConnectbysrs.com.